Honolulu, Hawaii

, 2019


RE: H.B. No. 276

H.D. 2





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 276, H.D. 1, entitled:




begs leave to report as follows:


The purpose of this measure is to:


(1) Ban the sale or distribution of all flavored tobacco products and electronic smoking device products, except menthol or mentholated tobacco products, in the State; and


(2) Penalize the mislabeling, sale, or marketing of any e-liquid product that contains nicotine as nicotine free.


The Department of Education, Office of the Prosecuting Attorney of the County of Hawaii, Honolulu Police Department, District 3 Council Member of the Hawaii County Council, Council Chair of the Maui County Council, Hawaii Youth Services Network, Kapiolani Medical Center for Women & Children, Coalition for a Drug-Free Hawaii, Bridge Club Hawaii, We Are One, Inc., Hawaii COPD Coalition, Hawaii Primary Care Association, Hawaii Dental Hygienists' Association, The Man Cave, Blue Zones Project-Hawaii, Hawaii Pacific Health, Hawaii Public Health Association, Student Health Advisory Council, Hale Ōpio Kauai, Hawaii Petroleum Marketers Association, Waianae Coast Comprehensive Health Center, Hawaii State Teachers Association, American Heart Association, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii, Coalition for a Tobacco-Free Hawaii, Pediatric Therapies Hawaii, Emma Whitney Photography, The Root Cellar Studio Maui, AAUW Windward, and numerous individuals testified in support of this measure.


HI Lyfe Vaporz, VOLCANO Fire Electronic Cigarettes, Irie Hawaii Stores, Retail Merchants of Hawaii, Cigar Association of America, Inc., Hawaii Smokers Alliance, and many individuals testified in opposition.


The Department of the Attorney General and Hawaii Food Industry Association provided comments.


Your Committee has amended this measure by:


(1) Inserting language prohibiting the sale of cigarettes, tobacco products, electronic smoking devices, or e-liquids that:


(A) Are in violation of United States Food and Drug Administration requirements on labeling and warnings; or


(B) Appear to be marketed toward children;


(2) Clarifying that the penalty for the first offense in violation of the prohibition of the sale or distribution of all flavored tobacco products to be a fine not exceeding $500; and


(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.


As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 276, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 276, H.D. 2.



Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,